QLDIn ForceAct
South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
sec.99BRCAStarting proceeding for enforcement order
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### sec.99BRCA Starting proceeding for enforcement order
A distributor-retailer may start a proceeding in a District Court—
for an enforcement order to remedy or restrain the commission of a water connection offence; or
if the distributor-retailer has started a proceeding under paragraph (a) and the court has not decided the proceeding—for an order under the Water Supply Act , section 478 as applied by section 99BRCB ; or
for an order that a person who has committed a water connection offence pay damages to compensate the applicant for injury suffered by the applicant or loss or damage to the applicant’s property because of the commission of the offence.
A person may start a proceeding in a District Court—
for an order that someone else who has committed a water connection offence pay damages to compensate the person for injury suffered by the person or loss or damage to the person’s property because of the commission of the offence; or
if the person has started a proceeding under paragraph (a) and the court has not decided the proceeding—for an order under the Water Supply Act , section 478 as applied by section 99BRCB .
If a person other than a distributor-retailer starts a proceeding for an enforcement order, the person must, within 5 business days, give the distributor-retailer for the geographic area to which the proceeding relates notice of the proceeding.
s 99BRCA ins 2014 No. 16 s 21
(sec.99BRCA-ssec.1) A distributor-retailer may start a proceeding in a District Court— for an enforcement order to remedy or restrain the commission of a water connection offence; or if the distributor-retailer has started a proceeding under paragraph (a) and the court has not decided the proceeding—for an order under the Water Supply Act , section 478 as applied by section 99BRCB ; or for an order that a person who has committed a water connection offence pay damages to compensate the applicant for injury suffered by the applicant or loss or damage to the applicant’s property because of the commission of the offence.
(sec.99BRCA-ssec.2) A person may start a proceeding in a District Court— for an order that someone else who has committed a water connection offence pay damages to compensate the person for injury suffered by the person or loss or damage to the person’s property because of the commission of the offence; or if the person has started a proceeding under paragraph (a) and the court has not decided the proceeding—for an order under the Water Supply Act , section 478 as applied by section 99BRCB .
(sec.99BRCA-ssec.3) If a person other than a distributor-retailer starts a proceeding for an enforcement order, the person must, within 5 business days, give the distributor-retailer for the geographic area to which the proceeding relates notice of the proceeding.
- (a) for an enforcement order to remedy or restrain the commission of a water connection offence; or
- (b) if the distributor-retailer has started a proceeding under paragraph (a) and the court has not decided the proceeding—for an order under the Water Supply Act , section 478 as applied by section 99BRCB ; or
- (c) for an order that a person who has committed a water connection offence pay damages to compensate the applicant for injury suffered by the applicant or loss or damage to the applicant’s property because of the commission of the offence.
- (a) for an order that someone else who has committed a water connection offence pay damages to compensate the person for injury suffered by the person or loss or damage to the person’s property because of the commission of the offence; or
- (b) if the person has started a proceeding under paragraph (a) and the court has not decided the proceeding—for an order under the Water Supply Act , section 478 as applied by section 99BRCB .